SAN ANTONIOWhen Should I Update My Will?

Key Takeaways

• Update your will every 3 to 5 years, or after major life events.
• Certain changes — like marriage, divorce or having children — legally require updates to remain valid.
• Old wills should not be kept once revoked. Only the current version should be accessible.
• Texas law recognizes handwritten and typed wills but has strict requirements for validity.

How Often Should You Update Your Will?

A common question we receive is, “How often should you update your will?”

The answer depends on your circumstances. As a general rule, we recommend reviewing your will every three to five years. Even if no major events have occurred, laws can change. What worked for you in 2020 may not be legally sound in 2025.

Here’s a helpful way to remember: When your family changes, your will should too.

Life Events That Trigger A Will Update

If any of the following apply, it’s time to revise your will:

1. Marriage Or Divorce

Whether you’re newly married, remarried or recently divorced, Texas law assumes different rights for spouses that may not reflect your wishes. This is especially important in blended families.

2. Birth Or Adoption Of A Child

Welcoming a child into your family? Updating your will ensures guardianship and inheritance plans are clear and enforceable under Texas law.

3. Death Of A Beneficiary Or Executor

If someone named in your will passes away or becomes incapacitated, you need to assign a new beneficiary or executor to prevent confusion or delay during probate.

4. Significant Asset Changes

Buying a home in Helotes, selling property in Bexar County or starting a business? All these may affect the distribution of your estate and should prompt an update.

5. Relocation

Although your will may still be valid if you move out of state, different jurisdictions have different probate laws. A quick review with a knowledgeable Texas attorney is always wise.

Should You Keep Old Wills?

No. Once you legally update your will, older versions should be physically destroyed — preferably in front of a witness or your attorney. Keeping multiple versions can create conflict and confusion during probate.

Texas law will honor the most recent valid will if it can be found. But if two versions are presented — say, one by a relative and one found in a desk drawer — it can trigger disputes and court delays. For that reason, always revoke and replace previous versions when you make a change.

How Do You Legally Change A Will In Texas?

You have two main options:

Draft A Codicil

This is a formal amendment to your existing will. It must be signed, dated and witnessed like the original document.

Write A New Will

If multiple changes are needed, it’s often cleaner to create a new will that revokes all previous versions. This helps minimize confusion and legal challenges.

At B&G, we’ll help you determine which approach makes the most sense — while keeping your goals and peace of mind front and center.

Why Choose Bineham & Gillen For Estate Planning?

Bineham & Gillen, PLLC has long been a trusted name in family law throughout Helotes and San Antonio.

What sets us apart?

• Decades of combined legal experience
• Personalized service tailored to your family’s needs
• Honest guidance with no empty promises
• Military and LGBTQ friendly estate planning support
• A focus on smart, not just “right,” legal solutions

Whether you’re planning for the future or revisiting an outdated will, we’ll help you navigate the process with clarity and care.

Don’t Wait—Protect What Matters Most

It’s not just about having a will — it’s about having the right will. Your legacy deserves more than a template. At Bineham & Gillen, PLLC, we take the time to understand your family’s unique structure, needs and long-term goals.

Call our Helotes office today to schedule a consultation, or visit our estate planning page to learn more about how we can help you protect what matters most.